When a father refuses to acknowledge that he is the biological parent or paternity of a child, it can be an incredibly stressful and emotional situation. For many mothers, this refusal is often linked to the father attempting to avoid his legal obligations, particularly around child support.
Fortunately, in Australia there are clear legal pathways available to establish paternity and protect the rights of both the mother and the child.
Why Establishing Legal Parentage Matters
Confirming legal parentage is important for several reasons:
- Child Support – Once parentage is established, the Child Support Agency can assess and enforce payments to support the child’s needs.
- Inheritance Rights – A child gains the legal right to inherit from their father’s estate.
- Identity and Connection – Knowing both parents allows a child to form relationships and understand their family history.
Without legal recognition, these essential rights can be much harder to secure.
First Steps: Requesting a DNA Test
In many cases, the first step is to request that the father participate in a DNA paternity test. This typically involves DNA samples being collected from the child, the alleged father, and sometimes the mother, to determine whether there is a biological link.
However, it is important to note that the father cannot be forced to undertake DNA testing unless there is a court order in place.
When the Father Refuses: Going Through the Courts
If the father refuses to cooperate with DNA testing, the mother can apply to the Federal Circuit and Family Court of Australia for a declaration of parentage under Section 69VA of the Family Law Act 1975.
The court will consider whether there is reasonable evidence to suggest that the man may be the biological father. If so, the court can order DNA testing to be carried out at an accredited laboratory.
Should the alleged father fail or refuse to attend testing after a court order, the court is entitled to draw an inference that he is the biological father and can make a declaration accordingly.
What Happens Once Paternity is Established?
If the court declares the man to be the biological father, the following steps can then be taken:
- Apply for Child Support – The Child Support Agency can assess and enforce payments.
- Update the Birth Certificate – The father’s name can be legally added.
- Parenting Arrangements – Parenting agreements or court-ordered arrangements can be made if required.
This ensures that the child’s rights are legally recognised and that they receive the financial and emotional support they are entitled to.
Getting Help From a Family Lawyer
Matters involving disputed paternity are often highly emotional and can be difficult to navigate alone. Seeking legal advice from an experienced family lawyer can provide clarity and ensure the right steps are taken quickly.
At Family Focus Legal, we regularly assist mothers (and fathers) in establishing parentage, applying for DNA testing orders, and securing child support. Our compassionate and experienced solicitors are here to guide you through the process.
✨ If you need advice about proving paternity or assistance with parenting and child support matters, contact Family Focus Legal today to arrange a confidential appointment.
